抄録
This comment is on four lectures of the mini-symposium and shows three remarks from the viewpoint of constitutional law. At first it affirms the significance of the lectures which unraveled basic but entangled concept of gender, norm, and equality and indicated that legal and institutional problems for gender equality concerning domains of employment, violence, and sexual harassment remain unsolved. Then it suggests that it might be useful to interpret the first clause of article 14 of the Constitution to oblige the government to faithfully deal with unintentional discriminatory messages issued by a governmental institution, because such interpretation enables government’s negligence to tackle the problems in the domains mentioned above to be considered as discriminatory message by the government due to the category to which the victims and those suffer disadvantage there belong and requires policy redress. In the second place, it noted that positive action may have importance so that the legal and non-legal norms can be made based NOT on discriminatory sentiment nor prejudice. Finally, it asked lecturers their prospects about the possibility of legal theory on gender equality which takes the fact into account that all people including aforementioned victims and those who suffer, all care-givers and even “careless-man” need care.
